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Although most states do not have laws which require spousal support be issued as part of the divorce decree, there are laws in most of the states which cover the subject of spousal support. The laws regarding spousal support may vary from state to state but there are some definitions in terms of spousal support laws which are applicable in most states. This article will discuss some of the different types of spousal support as they apply to spousal support laws and will touch upon some of the spousal support laws in some popular states.
Types of Spousal Support
Rehabilitative spousal support is a type of spousal support which is awarded for only a fixed duration. The intent behind this type of spousal support is to allow the recipient of the support an opportunity to acquire some job skills and find work in an effort to become financially self sufficient.
Rehabilitative spousal support may also be awarded in situations where there are young children involved. In this case the spousal support is awarded until the children are school aged. This allows the recipient to stay home with the children until they are old enough to start school. At this time the recipient of the spousal support should be able to acquire a job and become financially self sufficient.
Permanent spousal support is support which is awarded indefinitely. Typically this type of support continues until one of the spouses dies or until the recipient of the spousal support remarries. In some cases spousal support may even continue after the recipient remarries. The amount paid under this type of agreement may be raised or lowered depending on the circumstances. For example if the recipient acquires additional income, the spouse may petition to have the spousal support reduced. Likewise if the spouse paying the spousal support loses a job or suffers a cut in salary, the amount can also be reduced. The recipient can petition for a larger payment if medical bills or other expenses are incurred.
Reimbursement spousal support is another type of spousal support which may be awarded during a divorce. This type of spousal support may be paid ad a lump pump or in monthly installments. Examples of special circumstances which may warrant this type of spousal support include situations where one spouse worked to assist the other spouse in starting a business or attending school.
Some State Specific Spousal Support Laws
In the State of California, the length of the marriage is a primary consideration when spousal support is considered. In particular, marriages lasting for less than ten years may be subject to special considerations. When spousal support is awarded in these short duration marriages, spousal support is typically only awarded for a period of time equal to half of the duration of the marriage.
The laws in the State of New Jersey allow for either the husband or the wife to be the recipient of spousal support. In determining whether or not spousal support will be awarded factors such as the income of both spouses, the standard of living of the couple and the length of the marriage are considered.
Like New Jersey, the State of Arizona also allows for spousal support to be awarded to the husband or the wife and considers factors such as income, standard of living and length of the marriage. However, in this state, marital fault may not be considered.
The laws regarding spousal support in the State of Colorado revolve around whether or not the potential recipient is able to reasonably provide for himself. When this is not possible maintenance spousal support may be awarded in accordance with the duration of the marriage and the standard of living enjoyed by the couple.
The State of Massachusetts allows for court ordered spousal support. The duration of the marriage, income of both spouses and ability to provide for themselves are all considered in determining if spousal support should be awarded, how much should be awarded and for how long.
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